PATEL KAILASHBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition under Article 227 of the Constitution of India has been preferred by the petitioner ? original complainant to quash and set aside the impugned judgement and award dated 24/07/2007 passed by learned Chief Judicial Magistrate, Mahesana in Inquiry Case No.74 of 2006, by which, learned Magistrate has dismissed the said complaint of the petitioner. THE petitioner has also prayed to quash and set aside the impugned order dated 03/10/2007 passed by learned Principal Sessions Judge, Mahesana in Criminal Revision Application No.114 of 2007 in dismissing the aforesaid Criminal Revision Application and confirming the judgement and award passed by the learned Trial Court in Inquiry Case No.74 of 2006.

(2.) THAT the petitioner instituted criminal complaint against the private respondents herein in the Court of learned Chief Judicial Magistrate, Mahesana for the offences punishable under Sections 192, 193, 468, 469, 471 and 474 of the Indian Penal Code alleging inter alia that in Regular Civil Suit No.183 of 2006 before learned Principal Senior Civil Judge, Mahesana, the respondent?accused?husband produced a forged divorce deed, which was not signed by the petitioner. Therefore, it was alleged that knowing fully that the said document is forged and concocted one, the respondent-accused have used it as the same is true and correct. Therefore, it is alleged that the respondents-accused have committed an offences punishable under Sections 192, 193, 468, 469, 471 and 474 of the Indian Penal Code. Learned Chief Judicial Magistrate, Mahesana passed an order for police inquiry under Section 202 of the Code of Criminal Procedure and directed the concerned Police Officer of the Mahesana City Police Station to hold the inquiry and submit the report. THAT thereafter, the Investigating Officer submitted Report before learned Chief Judicial Magistrate and by considering the same, learned Chief Judicial Magistrate, Mahesana passed an order under Section 204 of the Code of Criminal Procedure and dismissed the said complaint vide order dated 24/07/2007 solely on the ground that considering Sections 192 and 193 of the Indian Penal Code, there would be a bar against considering the offences punishable under Sections 468, 469, 471 and 474 of the Indian Penal Code unless there is a permission/approval by the concerned Court and/or there is a complaint filed by the Court, before whom, the said document was produced under Section 340 of the Code of Criminal Procedure. Being aggrieved by and dissatisfied with the judgement and award dated 24/07/2007 passed by learned Chief Judicial Magistrate, Mahesana in Inquiry Case No.74 of 2006, the petitioner has preferred Criminal Revision Application before learned Sessions Court, Mahesana being Criminal Revision Application No.114 of 2007 and learned Principal Sessions Judge, Mahesana by impugned order dated 03/10/2007 has been pleased to dismiss the said Criminal Revision Application confirming the order dated 24/07/2007 passed by learned Chief Judicial Magistrate, Mahesana in Inquiry Case No.74 of 2006. Being aggrieved by and dissatisfied with the aforesaid two orders, the petitioner-original complainant has preferred the present petition under Article 227 of the Constitution of India.

(3.) IN view of the above and considering the orders passed by both the Courts below and considering the decision of the Hon'ble Supreme Court in the case of Iqbal Singh Marwah (supra), the impugned orders passed by both the Courts below cannot be sustained and the same deserve to be quashed and set aside and the aforesaid INquiry Case No.74 of 2006 is required to be remanded to the learned Chief Judicial Magistrate, Mahesana to consider the same in accordance with law and on merits.